Radiculopathy & sciatica decisions — 2012

The Board has determined that the appellant's medical expenses incurred at Slidell Memorial Hospital on August 5, 2008 were reimbursable due to his service-connected disabilities and because a VA facility was not feasibly available.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective from June 25, 2010 to July 30, 2010 and from November 1, 2010. The claim for a higher rating remains denied as there is no evidence of forward flexion of the thoracolumbar spine 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board has granted service connection for tinnitus and lumbar spine arthritis, finding that these conditions are attributable to service. The Veteran's tinnitus is linked to noise exposure during service, while his back disability is associated with a fall from a tank in service.

The Board has determined that the appellant meets the criteria for special monthly compensation based on loss of use of both legs, and grants this benefit.

The Veteran died of an acute myocardial infarction caused by his willful misconduct of abusing prescription medication.,Neither service-connected bronchial asthma with COPD nor any other condition contributed to the cause of death.

The Veteran's appeal for service connection for depression with anxiety and mood disorder has been withdrawn. The Board grants service connection for a lumbar spine disorder, with degenerative changes and sciatic involvement.

The Veteran's appeal is denied as the Board finds that an earlier effective date for service connection of lumbar radiculopathy with two millimeter posterior disc bulges at L4-5 and L5-S1 cannot be granted. The Veteran was previously denied in 1987 and 1989, but did not respond to the RO's requests for evidence or provide a correct mailing address. His claim was deemed abandoned. He filed another request to reopen his claim on April 23, 2001, which resulted in service connection being granted effective that date.

The Board denied the Veteran's claims for service connection for sciatica of the right leg, pes planus of the left foot, residuals of a right peroneal nerve injury with paralysis resulting in foot drop, and low back disability. The Veteran's request to reopen his previously denied claim for service connection for bilateral hearing loss was also denied.

The Board has determined that additional development is needed to obtain missing service treatment records and any outstanding VA or private medical records. The Veteran's claims for service connection will be remanded for further action.

The Board has remanded the claim due to inadequate opinions regarding whether the Veteran's low back disability is caused by or worsened by his service-connected left knee disability. The case must be returned for further examination and opinion.

The Veteran is seeking service connection for S1 radiculopathy of the left lower extremity, which he contends is related to his service-connected degenerative joint disease (DJD) of the lumbar spine. The Board has determined that a remand is necessary to obtain additional medical opinions and records.

The Veteran's service-connected lumbar radiculopathy of the right lower extremity is currently rated at 20 percent, effective May 22, 2008. His degenerative joint disease of L5-S1 results in a 20 percent evaluation as well.

The Board finds that the Veteran's chronic tension headaches had their onset in service and grants service connection for this condition.

The Veteran's appeal involves multiple conditions and their evaluations, with some issues related to hip disability, gout, arthritis, back pain, nerve compression, flat feet, and hypertension. The case is being remanded for a Travel Board hearing.

The Veteran's claim for separate compensable ratings for his left and right leg radiculopathies is granted, with a rating of 10 percent each.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA vocational rehabilitation records. The examiner must also provide an opinion regarding whether the service-connected left fifth finger aggravated his carpal tunnel syndrome.

The Veteran's claims for increased ratings and initial evaluations are being remanded due to inadequate VA examinations conducted in February and March 2011.

The Veteran's service-connected lumbar strain with degenerative joint disease and associated radiculopathy have been granted a 40 percent disability rating effective December 6, 2011. The issue of TDIU remains pending.

The Veteran's service-connected left sciatic nerve injury, peroneal palsy, and left foot drop have rendered him unable to secure or follow a substantially gainful occupation since the date of his claim in March 1994.

The Board found that the Veteran's current low back disability is not service-connected because his pre-existing injury did not worsen during service, and no other condition was related to service.